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2009 (3) TMI 448 - CESTAT, KOLKATAPenalty- Revenue filed this Appeal against the Order-in-Appeal whereby part of the demand was set aside as time-barred. Held that- there is no allegation of fraud, misrepresentation or suppression of facts with intent to evade payment of duty. In absence of this, find no infirmity in the impugned Order and hence, the appeal is dismissed.
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